Delaware § 5106 Powers and duties of the Department

Delaware Statutes

§ 5106 — Powers and duties of the Department

Delaware § 5106

Title31

PartServices and Facilities for Youth Adjudicated Delinquent or Criminally Prosecuted

Ch. 51Services for Justice-Involved Youth

This text of Delaware § 5106 (Powers and duties of the Department) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 31, § 5106 (2026).

Text

(a)The Department shall:

(1)Have sole and complete control of the training schools and any other state facilities for readjustment of delinquent children;

(2)Appoint advisory committees having such membership as it deems appropriate or desirable;

(3)Provide suitable food, clothing, medicine and all things necessary for the comfort and improvement of delinquent children in the Department’s legal custody;

(4)Make rules and regulations for the government of the training schools not inconsistent with the laws of this State which it deems necessary and proper for the public welfare and best interest of the juveniles entrusted to the Department including the release of juveniles to after-care supervision;

(5)When deemed necessary, to provide after-care supervision for delinquent child

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(a) The Department shall:

(1) Have sole and complete control of the training schools and any other state facilities for readjustment of delinquent children;

(2) Appoint advisory committees having such membership as it deems appropriate or desirable;

(3) Provide suitable food, clothing, medicine and all things necessary for the comfort and improvement of delinquent children in the Department’s legal custody;

(4) Make rules and regulations for the government of the training schools not inconsistent with the laws of this State which it deems necessary and proper for the public welfare and best interest of the juveniles entrusted to the Department including the release of juveniles to after-care supervision;

(5) When deemed necessary, to provide after-care supervision for delinquent children released from the training schools;

(6) Provide suitable buildings, with all the necessary land and appurtenances for the use and occupation of the Department;

(7) Establish such rules and regulations relative to the religious and moral education, training, employment, discipline, management, government, instruction, safekeeping and the disposition of the juveniles;

(8) Exercise all powers not inconsistent with this chapter as are necessary to discharge their responsibility of legal custody of a juvenile. Powers inconsistent with this chapter shall include without limitation the power to sue and be sued or to implead or be impleaded in all courts of law and equity; and

(9) Place a juvenile committed to its custody pursuant to § 1009 of Title 10, in a facility providing the maximum available security.

(b) Notwithstanding prior enactments accepting the Ferris School for Boys as a state-operated facility, nothing contained therein or in any other law was intended by the General Assembly to constitute a waiver of sovereign immunity for the Ferris School for Boys.

Legislative History

31 Del. C. 1953, § 5120; 51 Del. Laws, c. 274, § 2 ; 52 Del. Laws, c. 80, § 4 ; 60 Del. Laws, c. 657, § 3 ; 69 Del. Laws, c. 133, §§ 1, 2 ; 70 Del. Laws, c. 186, § 1 ; 70 Del. Laws, c. 381, § 2